119-hr1589

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1589 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1589

 To authorize the cancellation of removal and adjustment of status of 
 certain aliens, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 26, 2025

 Ms. Garcia of Texas (for herself, Ms. Velazquez, Ms. Clarke of New 
York, Ms. Salazar, Ms. Lofgren, Ms. Jayapal, Mrs. Ramirez, Mr. Correa, 
 Ms. Chu, Mr. Jeffries, Ms. Clark of Massachusetts, Mr. Aguilar, Mr. 
Lieu, Mr. Neguse, Ms. DelBene, Mr. Raskin, Ms. DeLauro, Mr. Thompson of 
Mississippi, Mr. Scott of Virginia, Ms. Waters, Mr. Pallone, Mr. Neal, 
 Mr. Smith of Washington, Ms. Craig, Mr. Meeks, Mr. Takano, Mr. Larsen 
 of Washington, Mr. Huffman, Mr. Himes, Mr. Morelle, Mr. McGovern, Mr. 
Connolly, Mr. Espaillat, Mr. Casar, Ms. Meng, Ms. Leger Fernandez, Mr. 
 Figures, Ms. Sewell, Ms. Ansari, Mr. Stanton, Mr. Grijalva, Mr. 
Thompson of California, Mr. Bera, Ms. Matsui, Mr. Garamendi, Mr. Harder 
 of California, Mr. DeSaulnier, Ms. Pelosi, Ms. Simon, Mr. Gray, Mr. 
Swalwell, Mr. Mullin, Mr. Liccardo, Mr. Khanna, Mr. Panetta, Mr. Costa, 
 Mr. Carbajal, Ms. Brownley, Mr. Whitesides, Ms. Rivas, Mr. Cisneros, 
 Mr. Ruiz, Ms. Friedman, Mr. Sherman, Mr. Gomez, Mrs. Torres of 
 California, Ms. Sanchez, Mr. Garcia of California, Ms. Barragan, Mr. 
 Tran, Mr. Levin, Mr. Peters, Ms. Jacobs, Mr. Vargas, Ms. DeGette, Mr. 
 Crow, Ms. Pettersen, Mr. Larson of Connecticut, Mr. Courtney, Mrs. 
 Hayes, Ms. Norton, Ms. McBride, Mr. Soto, Mr. Frost, Ms. Castor of 
Florida, Mrs. Cherfilus-McCormick, Ms. Wilson of Florida, Ms. Wasserman 
 Schultz, Mr. Bishop, Mr. Johnson of Georgia, Ms. Williams of Georgia, 
 Mrs. McBath, Mr. David Scott of Georgia, Ms. Tokuda, Ms. Davids of 
 Kansas, Mr. Jackson of Illinois, Ms. Kelly of Illinois, Mr. Garcia of 
 Illinois, Mr. Quigley, Mr. Casten, Mr. Davis of Illinois, Mr. 
 Krishnamoorthi, Ms. Schakowsky, Mr. Schneider, Mr. Foster, Ms. 
 Budzinski, Ms. Underwood, Mr. Sorensen, Mr. Mrvan, Mr. Carson, Mr. 
 McGarvey, Mr. Carter of Louisiana, Mrs. Trahan, Mr. Moulton, Ms. 
Pressley, Mr. Keating, Mr. Olszewski, Ms. Elfreth, Mr. Ivey, Mr. Hoyer, 
 Mrs. McClain Delaney, Mr. Mfume, Ms. Pingree, Ms. Scholten, Mrs. 
Dingell, Ms. McDonald Rivet, Ms. Stevens, Ms. Tlaib, Mr. Thanedar, Ms. 
Morrison, Ms. McCollum, Ms. Omar, Mr. Bell, Mr. Cleaver, Ms. Ross, Mrs. 
Foushee, Ms. Adams, Mr. Conaway, Mr. Gottheimer, Mr. Menendez, Ms. Pou, 
 Mrs. McIver, Ms. Sherrill, Mrs. Watson Coleman, Ms. Stansbury, Mr. 
Vasquez, Ms. Titus, Mr. Horsford, Mr. Suozzi, Mr. Goldman of New York, 
Mr. Nadler, Ms. Ocasio-Cortez, Mr. Torres of New York, Mr. Latimer, Mr. 
 Tonko, Mrs. Beatty, Ms. Brown, Ms. Bonamici, Ms. Dexter, Ms. Hoyle of 
Oregon, Ms. Bynum, Ms. Salinas, Mr. Boyle of Pennsylvania, Mr. Evans of 
Pennsylvania, Ms. Dean of Pennsylvania, Ms. Scanlon, Ms. Houlahan, Ms. 
 Lee of Pennsylvania, Mr. Deluzio, Mr. Hernandez, Mr. Amo, Mr. 
 Magaziner, Mr. Clyburn, Mr. Cohen, Mrs. Fletcher, Mr. Green of Texas, 
Ms. Escobar, Mr. Turner of Texas, Mr. Castro of Texas, Mr. Cuellar, Ms. 
Crockett, Ms. Johnson of Texas, Mr. Veasey, Mr. Doggett, Ms. McClellan, 
Mr. Vindman, Mr. Beyer, Mr. Subramanyam, Ms. Plaskett, Ms. Balint, Ms. 
 Randall, Ms. Schrier, Ms. Strickland, Mr. Pocan, Ms. Moore of 
Wisconsin, Mr. Auchincloss, Mr. Min, Mr. Norcross, Ms. Lois Frankel of 
 Florida, and Mr. Ryan) introduced the following bill; which was 
 referred to the Committee on the Judiciary, and in addition to the 
 Committee on Education and Workforce, for a period to be subsequently 
 determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

 A BILL

 To authorize the cancellation of removal and adjustment of status of 
 certain aliens, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``American Dream and 
Promise Act of 2025''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
 TITLE I--DREAM ACT OF 2025

Sec. 101. Short title.

Sec. 102. Permanent resident status on a conditional basis for certain 
 long-term residents who entered the United 
 States as children.

Sec. 103. Terms of permanent resident status on a conditional basis.

Sec. 104. Removal of conditional basis of permanent resident status.

Sec. 105. Restoration of State option to determine residency for 
 purposes of higher education benefits.
 TITLE II--AMERICAN PROMISE ACT OF 2025

Sec. 201. Short title.

Sec. 202. Adjustment of status for certain nationals of certain 
 countries designated for temporary 
 protected status or deferred enforced 
 departure.

Sec. 203. Clarification.
 TITLE III--GENERAL PROVISIONS

Sec. 301. Definitions.

Sec. 302. Submission of biometric and biographic data; background 
 checks.

Sec. 303. Limitation on removal; application and fee exemption; and 
 other conditions on eligible individuals.

Sec. 304. Determination of continuous presence and residence.

Sec. 305. Exemption from numerical limitations.

Sec. 306. Availability of administrative and judicial review.

Sec. 307. Documentation requirements.

Sec. 308. Rulemaking.

Sec. 309. Confidentiality of information.

Sec. 310. Grant program to assist eligible applicants.

Sec. 311. Provisions affecting eligibility for adjustment of status.

Sec. 312. Supplementary surcharge for appointed counsel.

Sec. 313. Annual report on provisional denial authority.

 TITLE I--DREAM ACT OF 2025

SEC. 101. SHORT TITLE.

 This title may be cited as the ``Dream Act of 2025''.

SEC. 102. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS FOR CERTAIN 
 LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS 
 CHILDREN.

    (a) Conditional Basis for Status.--Notwithstanding any other 
provision of law, and except as provided in 

section 104
            (c) (2) , an alien 
shall be considered, at the time of obtaining the status of an alien 
lawfully admitted for permanent residence under this section, to have 
obtained such status on a conditional basis subject to the provisions 
of this title.

    (b) Requirements.--

    (1) In general.--Notwithstanding any other provision of 
 law, the Secretary or the Attorney General shall adjust to the 
 status of an alien lawfully admitted for permanent residence on 
 a conditional basis, or without the conditional basis as 
 provided in 

section 104
            (c) (2) , an alien who is inadmissible or 
 deportable from the United States, is subject to a grant of 
 Deferred Enforced Departure, has temporary protected status 
 under 

section 244 of the Immigration and Nationality Act (8 
 U.S.C. 1254a), or is the son or daughter of an alien admitted 
 as a nonimmigrant under subparagraph
        (E)
            (i) ,
        (E)
            (ii) ,
        (H)
            (i) (b) , or
            (L) of 

section 101

    (a)

    (15) of such Act (8 U.S.C. 
 1101

    (a)

    (15) ) if--
        (A) the alien has been continuously physically 
 present in the United States since January 1, 2021;
        (B) the alien was 18 years of age or younger on the 
 date on which the alien entered the United States and 
 has continuously resided in the United States since 
 such entry;
            (C) the alien--
            (i) subject to paragraph

    (2) , is not 
 inadmissible under paragraph

    (1) ,

    (6)
        (E) ,

    (6)
        (G) ,

    (8) , or

    (10) of 

section 212

    (a) of the 
 Immigration and Nationality Act (8 U.S.C. 
 1182

    (a) );
            (ii) has not ordered, incited, assisted, or 
 otherwise participated in the persecution of 
 any person on account of race, religion, 
 nationality, membership in a particular social 
 group, or political opinion; and
            (iii) is not barred from adjustment of 
 status under this title based on the criminal 
 and national security grounds described under 
 subsection
            (c) , subject to the provisions of 
 such subsection; and
            (D) the alien--
            (i) has been admitted to an institution of 
 higher education;
            (ii) has been admitted to an area career 
 and technical education school at the 
 postsecondary level;
            (iii) in the United States, has obtained--
            (I) a high school diploma or a 
 commensurate alternative award from a 
 public or private high school;
            (II) a General Education 
 Development credential, a high school 
 equivalency diploma recognized under 
 State law, or another similar State-
 authorized credential;
            (III) a credential or certificate 
 from an area career and technical 
 education school at the secondary 
 level; or
            (IV) a recognized postsecondary 
 credential; or
            (iv) is enrolled in secondary school or in 
 an education program assisting students in--
            (I) obtaining a high school diploma 
 or its recognized equivalent under 
 State law;
            (II) passing the General Education 
 Development test, a high school 
 equivalence diploma examination, or 
 other similar State-authorized exam;
            (III) obtaining a certificate or 
 credential from an area career and 
 technical education school providing 
 education at the secondary level; or
            (IV) obtaining a recognized 
 postsecondary credential.

    (2) Waiver of grounds of inadmissibility.--With respect to 
 any benefit under this title, and in addition to the waivers 
 under subsection
            (c) (2) , the Secretary may waive the grounds of 
 inadmissibility under paragraph

    (1) ,

    (6)
        (E) ,

    (6)
        (G) , or

    (10)
            (D) of 

section 212

    (a) of the Immigration and Nationality Act (8 
 U.S.C. 1182

    (a) ) for humanitarian purposes, for family unity, or 
 because the waiver is otherwise in the public interest.

    (3) Application fee.--
        (A) In general.--The Secretary may, subject to an 
 exemption under 

section 303
            (c) , require an alien 
 applying under this section to pay a reasonable fee 
 that is commensurate with the cost of processing the 
 application but does not exceed $495.00.
        (B) Special procedures for applicants with daca.--
 The Secretary shall establish a streamlined procedure 
 for aliens who have been granted DACA and who meet the 
 requirements for renewal (under the terms of the 
 program in effect on January 1, 2017) to apply for 
 adjustment of status to that of an alien lawfully 
 admitted for permanent residence on a conditional basis 
 under this section, or without the conditional basis as 
 provided in 

section 104
            (c) (2) . Such procedure shall not 
 include a requirement that the applicant pay a fee, 
 except that the Secretary may require an applicant who 
 meets the requirements for lawful permanent residence 
 without the conditional basis under 

section 104
            (c) (2) to pay a fee that is commensurate with the cost of 
 processing the application, subject to the exemption 
 under 

section 303
            (c) .

    (4) Background checks.--The Secretary may not grant an 
 alien permanent resident status on a conditional basis under 
 this section until the requirements of 

section 302 are 
 satisfied.

    (5) Military selective service.--An alien applying for 
 permanent resident status on a conditional basis under this 
 section, or without the conditional basis as provided in 
 

section 104
            (c) (2) , shall establish that the alien has 
 registered under the Military Selective Service Act (50 U.S.C. 
 3801 et seq.), if the alien is subject to registration under 
 such Act.
            (c) Criminal and National Security Bars.--

    (1) Grounds of ineligibility.--Except as provided in 
 paragraph

    (2) , an alien is ineligible for adjustment of status 
 under this title (whether on a conditional basis or without the 
 conditional basis as provided in 

section 104
            (c) (2) ) if any of 
 the following apply:
        (A) The alien is inadmissible under paragraph

    (2) or

    (3) of 

section 212

    (a) of the Immigration and 
 Nationality Act (8 U.S.C. 1182

    (a) ).
        (B) Excluding any offense under State law for which 
 an essential element is the alien's immigration status, 
 and any minor traffic offense, the alien has been 
 convicted of--
            (i) any felony offense;
            (ii) three or more misdemeanor offenses 
 (excluding simple possession of cannabis or 
 cannabis-related paraphernalia, any offense 
 involving cannabis or cannabis-related 
 paraphernalia which is no longer prosecutable 
 in the State in which the conviction was 
 entered, and any offense involving civil 
 disobedience without violence) not occurring on 
 the same date, and not arising out of the same 
 act, omission, or scheme of misconduct; or
            (iii) a misdemeanor offense of domestic 
 violence, unless the alien demonstrates that 
 such crime is related to the alien having 
 been--
            (I) a victim of domestic violence, 
 sexual assault, stalking, child abuse 
 or neglect, abuse or neglect in later 
 life, or human trafficking;
            (II) battered or subjected to 
 extreme cruelty; or
            (III) a victim of criminal activity 
 described in 

section 101

    (a)

    (15)
        (U)
            (iii) of the Immigration and Nationality Act 
 (8 U.S.C. 1101

    (a)

    (15)
        (U)
            (iii) ).

    (2) Waivers for certain misdemeanors.--For humanitarian 
 purposes, family unity, or if otherwise in the public interest, 
 the Secretary may--
        (A) waive the grounds of inadmissibility under 
 subparagraphs
        (A) ,
            (C) , and
            (D) of 

section 212

    (a)

    (2) of 
 the Immigration and Nationality Act (8 U.S.C. 
 1182

    (a)

    (2) ), unless the conviction forming the basis 
 for inadmissibility would otherwise render the alien 
 ineligible under paragraph

    (1)
        (B) (subject to 
 subparagraph
        (B) ); and
        (B) for purposes of clauses
            (ii) and
            (iii) of 
 paragraph

    (1)
        (B) , waive consideration of--
            (i) one misdemeanor offense if the alien 
 has not been convicted of any offense in the 5-
 year period preceding the date on which the 
 alien applies for adjustment of status under 
 this title; or
            (ii) up to two misdemeanor offenses if the 
 alien has not been convicted of any offense in 
 the 10-year period preceding the date on which 
 the alien applies for adjustment of status 
 under this title.

    (3) Authority to conduct secondary review.--
        (A) In general.--Notwithstanding an alien's 
 eligibility for adjustment of status under this title, 
 and subject to the procedures described in this 
 paragraph, the Secretary may, as a matter of non-
 delegable discretion, provisionally deny an application 
 for adjustment of status (whether on a conditional 
 basis or without the conditional basis as provided in 
 

section 104
            (c) (2) ) if the Secretary, based on clear and 
 convincing evidence, which shall include credible law 
 enforcement information, determines that the alien is 
 described in subparagraph
        (B) or
            (D) .
        (B) Public safety.--An alien is described in this 
 subparagraph if--
            (i) excluding simple possession of cannabis 
 or cannabis-related paraphernalia, any offense 
 involving cannabis or cannabis-related 
 paraphernalia which is no longer prosecutable 
 in the State in which the conviction was 
 entered, any offense under State law for which 
 an essential element is the alien's immigration 
 status, any offense involving civil 
 disobedience without violence, and any minor 
 traffic offense, the alien--
            (I) has been convicted of a 
 misdemeanor offense punishable by a 
 term of imprisonment of more than 30 
 days; or
            (II) has been adjudicated 
 delinquent in a State or local juvenile 
 court proceeding that resulted in a 
 disposition ordering placement in a 
 secure facility; and
            (ii) the alien poses a significant and 
 continuing threat to public safety related to 
 such conviction or adjudication.
            (C) Public safety determination.--For purposes of 
 subparagraph
        (B)
            (ii) , the Secretary shall consider the 
 recency of the conviction or adjudication; the length 
 of any imposed sentence or placement; the nature and 
 seriousness of the conviction or adjudication, 
 including whether the elements of the offense include 
 the unlawful possession or use of a deadly weapon to 
 commit an offense or other conduct intended to cause 
 serious bodily injury; and any mitigating factors 
 pertaining to the alien's role in the commission of the 
 offense.
            (D) Gang participation.--An alien is described in 
 this subparagraph if the alien has, within the 5 years 
 immediately preceding the date of the application, 
 knowingly, willfully, and voluntarily participated in 
 offenses committed by a criminal street gang (as 
 described in subsections

    (a) and
            (c) of 

section 521 of 
 title 18, United States Code) with the intent to 
 promote or further the commission of such offenses.
        (E) Evidentiary limitation.--For purposes of 
 subparagraph
            (D) , allegations of gang membership 
 obtained from a State or Federal in-house or local 
 database, or a network of databases used for the 
 purpose of recording and sharing activities of alleged 
 gang members across law enforcement agencies, shall not 
 establish the participation described in such 
 paragraph.
        (F) Notice.--
            (i) In general.--Prior to rendering a 
 discretionary decision under this paragraph, 
 the Secretary shall provide written notice of 
 the intent to provisionally deny the 
 application to the alien (or the alien's 
 counsel of record, if any) by certified mail 
 and, if an electronic mail address is provided, 
 by electronic mail (or other form of electronic 
 communication). Such notice shall--
            (I) articulate with specificity all 
 grounds for the preliminary 
 determination, including the evidence 
 relied upon to support the 
 determination; and
            (II) provide the alien with not 
 less than 90 days to respond.
            (ii) Second notice.--Not more than 30 days 
 after the issuance of the notice under clause
            (i) , the Secretary shall provide a second 
 written notice that meets the requirements of 
 such clause.
            (iii) Notice not received.--Notwithstanding 
 any other provision of law, if an applicant 
 provides good cause for not contesting a 
 provisional denial under this paragraph, 
 including a failure to receive notice as 
 required under this subparagraph, the Secretary 
 shall, upon a motion filed by the alien, reopen 
 an application for adjustment of status under 
 this title and allow the applicant an 
 opportunity to respond, consistent with clause
            (i) 
            (II) .
        (G) Judicial review of a provisional denial.--
            (i) In general.--Notwithstanding any other 
 provision of law, if, after notice and the 
 opportunity to respond under subparagraph
        (F) , 
 the Secretary provisionally denies an 
 application for adjustment of status under this 
 Act, the alien shall have 60 days from the date 
 of the Secretary's determination to seek review 
 of such determination in an appropriate United 
 States district court.
            (ii) Scope of review and decision.--
 Notwithstanding any other provision of law, 
 review under paragraph

    (1) shall be de novo and 
 based solely on the administrative record, 
 except that the applicant shall be given the 
 opportunity to supplement the administrative 
 record and the Secretary shall be given the 
 opportunity to rebut the evidence and arguments 
 raised in such submission. Upon issuing its 
 decision, the court shall remand the matter, 
 with appropriate instructions, to the 
 Department of Homeland Security to render a 
 final decision on the application.
            (iii) Appointed counsel.--Notwithstanding 
 any other provision of law, an applicant 
 seeking judicial review under clause
            (i) shall 
 be represented by counsel. Upon the request of 
 the applicant, counsel shall be appointed for 
 the applicant, in accordance with procedures to 
 be established by the Attorney General within 
 90 days of the date of the enactment of this 
 Act, and shall be funded in accordance with 
 fees collected and deposited in the Immigration 
 Counsel Account under 

section 312.

    (4) === Definitions. ===
-For purposes of this subsection--
        (A) the term ``felony offense'' means an offense 
 under Federal or State law that is punishable by a 
 maximum term of imprisonment of more than 1 year;
        (B) the term ``misdemeanor offense'' means an 
 offense under Federal or State law that is punishable 
 by a term of imprisonment of more than 5 days but not 
 more than 1 year; and
            (C) the term ``crime of domestic violence'' means 
 any offense that has as an element the use, attempted 
 use, or threatened use of physical force against a 
 person committed by a current or former spouse of the 
 person, by an individual with whom the person shares a 
 child in common, by an individual who is cohabiting 
 with or has cohabited with the person as a spouse, by 
 an individual similarly situated to a spouse of the 
 person under the domestic or family violence laws of 
 the jurisdiction where the offense occurs, or by any 
 other individual against a person who is protected from 
 that individual's acts under the domestic or family 
 violence laws of the United States or any State, Indian 
 Tribal government, or unit of local government.
            (d) Limitation on Removal of Certain Alien Minors.--An alien who is 
18 years of age or younger and meets the requirements under 
subparagraphs
        (A) ,
        (B) , and
            (C) of subsection

    (b)

    (1) shall be provided 
a reasonable opportunity to meet the educational requirements under 
subparagraph
            (D) of such subsection. The Attorney General or the 
Secretary may not commence or continue with removal proceedings against 
such an alien.

    (e) Withdrawal of Application.--The Secretary shall, upon receipt 
of a request to withdraw an application for adjustment of status under 
this section, cease processing of the application, and close the case. 
Withdrawal of the application under this subsection shall not prejudice 
any future application filed by the applicant for any immigration 
benefit under this title or under the Immigration and Nationality Act 
(8 U.S.C. 1101 et seq.).

SEC. 103. TERMS OF PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS.

    (a) Period of Status.--Permanent resident status on a conditional 
basis is--

    (1) valid for a period of 10 years, unless such period is 
 extended by the Secretary; and

    (2) subject to revocation under subsection
            (c) .

    (b) Notice of Requirements.--At the time an alien obtains permanent 
resident status on a conditional basis, the Secretary shall provide 
notice to the alien regarding the provisions of this title and the 
requirements to have the conditional basis of such status removed.
            (c) Revocation of Status.--The Secretary may revoke the permanent 
resident status on a conditional basis of an alien only if the 
Secretary--

    (1) determines that the alien ceases to meet the 
 requirements under 

section 102

    (b)

    (1)
            (C) ; and

    (2) prior to the revocation, provides the alien--
        (A) notice of the proposed revocation; and
        (B) the opportunity for a hearing to provide 
 evidence that the alien meets such requirements or 
 otherwise to contest the proposed revocation.
            (d) Return to Previous Immigration Status.--An alien whose 
permanent resident status on a conditional basis expires under 
subsection

    (a)

    (1) or is revoked under subsection
            (c) , shall return to 
the immigration status that the alien had immediately before receiving 
permanent resident status on a conditional basis.

SEC. 104. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT STATUS.

    (a) Eligibility for Removal of Conditional Basis.--

    (1) In general.--Subject to paragraph

    (2) , the Secretary 
 shall remove the conditional basis of an alien's permanent 
 resident status granted under this title and grant the alien 
 status as an alien lawfully admitted for permanent residence if 
 the alien--
        (A) is described in 

section 102

    (b)

    (1)
            (C) ;
        (B) has not abandoned the alien's residence in the 
 United States during the period in which the alien has 
 permanent resident status on a conditional basis; and
            (C) 
            (i) has obtained a degree from an institution of 
 higher education, or has completed at least 2 years, in 
 good standing, of a program in the United States 
 leading to a bachelor's degree or higher degree or a 
 recognized postsecondary credential from an area career 
 and technical education school providing education at 
 the postsecondary level;
            (ii) has served in the Uniformed Services for at 
 least 2 years and, if discharged, received an honorable 
 discharge; or
            (iii) demonstrates earned income for periods 
 totaling at least 3 years and at least 75 percent of 
 the time that the alien has had a valid employment 
 authorization, except that, in the case of an alien who 
 was enrolled in an institution of higher education, an 
 area career and technical education school to obtain a 
 recognized postsecondary credential, or an education 
 program described in 

section 102

    (b)

    (1)
            (D) 
            (iii) , the 
 Secretary shall reduce such total 3-year requirement by 
 the total of such periods of enrollment.

    (2) Hardship exception.--The Secretary shall remove the 
 conditional basis of an alien's permanent resident status and 
 grant the alien status as an alien lawfully admitted for 
 permanent residence if the alien--
        (A) satisfies the requirements under subparagraphs
        (A) and
        (B) of paragraph

    (1) ;
        (B) demonstrates compelling circumstances for the 
 inability to satisfy the requirements under 
 subparagraph
            (C) of such paragraph; and
            (C) demonstrates that--
            (i) the alien has a disability;
            (ii) the alien is a full-time caregiver; or
            (iii) the removal of the alien from the 
 United States would result in hardship to the 
 alien or the alien's spouse, parent, or child 
 who is a national of the United States or is 
 lawfully admitted for permanent residence.

    (3) Citizenship requirement.--
        (A) In general.--Except as provided in subparagraph
        (B) , the conditional basis of an alien's permanent 
 resident status granted under this title may not be 
 removed unless the alien demonstrates that the alien 
 satisfies the requirements under 

section 312

    (a) of the 
 Immigration and Nationality Act (8 U.S.C. 1423

    (a) ).
        (B) Exception.--Subparagraph
        (A) shall not apply to 
 an alien who is unable to meet the requirements under 
 such 

section 312

    (a) due to disability.

    (4) Application fee.--The Secretary may, subject to an 
 exemption under 

section 303
            (c) , require aliens applying for 
 removal of the conditional basis of an alien's permanent 
 resident status under this section to pay a reasonable fee that 
 is commensurate with the cost of processing the application.

    (5) Background checks.--The Secretary may not remove the 
 conditional basis of an alien's permanent resident status until 
 the requirements of 

section 302 are satisfied.

    (b) Treatment for Purposes of Naturalization.--

    (1) In general.--For purposes of title III of the 
 Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an 
 alien granted permanent resident status on a conditional basis 
 shall be considered to have been admitted to the United States, 
 and be present in the United States, as an alien lawfully 
 admitted for permanent residence.

    (2) Limitation on application for naturalization.--An alien 
 may not apply for naturalization while the alien is in 
 permanent resident status on a conditional basis.
            (c) Timing of Approval of Lawful Permanent Resident Status.--

    (1) In general.--An alien granted permanent resident status 
 on a conditional basis under this title may apply to have such 
 conditional basis removed at any time after such alien has met 
 the eligibility requirements set forth in subsection

    (a) .

    (2) Approval with regard to initial applications.--
        (A) In general.--Notwithstanding any other 
 provision of law, the Secretary or the Attorney General 
 shall adjust to the status of an alien lawfully 
 admitted for permanent resident status without 
 conditional basis, any alien who--
            (i) demonstrates eligibility for lawful 
 permanent residence status on a conditional 
 basis under 

section 102

    (b) ; and
            (ii) subject to the exceptions described in 
 subsections

    (a)

    (2) and

    (a)

    (3)
        (B) of this 
 section, already has fulfilled the requirements 
 of paragraphs

    (1) and

    (3) of subsection

    (a) of 
 this section at the time such alien first 
 submits an application for benefits under this 
 title.
        (B) Background checks.--Subsection

    (a)

    (5) shall 
 apply to an alien seeking lawful permanent resident 
 status without conditional basis in an initial 
 application in the same manner as it applies to an 
 alien seeking removal of the conditional basis of an 
 alien's permanent resident status. 

Section 102

    (b)

    (4) shall not be construed to require the Secretary to 
 conduct more than one identical security or law 
 enforcement background check on such an alien.
            (C) Application fees.--In the case of an alien 
 seeking lawful permanent resident status without 
 conditional basis in an initial application, the alien 
 shall pay the fee required under subsection

    (a)

    (4) , 
 subject to the exemption allowed under 

section 303
            (c) , 
 but shall not be required to pay the application fee 
 under 

section 102

    (b)

    (3) .

SEC. 105. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR 
 PURPOSES OF HIGHER EDUCATION BENEFITS.

    (a) In General.--

Section 505 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.

    (b) Effective Date.--The repeal under subsection

    (a) shall take 
effect as if included in the original enactment of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (division C 
of Public Law 104-208; 110 Stat. 3009-546).

 TITLE II--AMERICAN PROMISE ACT OF 2025

SEC. 201. SHORT TITLE.

 This title may be cited as the ``American Promise Act of 2025''.

SEC. 202. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF CERTAIN 
 COUNTRIES DESIGNATED FOR TEMPORARY PROTECTED STATUS OR 
 DEFERRED ENFORCED DEPARTURE.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary or the Attorney General shall adjust to the status of an 
alien lawfully admitted for permanent residence, an alien described in 
subsection

    (b) if the alien--

    (1) applies for such adjustment, including submitting any 
 required documents under 

section 307, not later than 3 years 
 after the date of the enactment of this Act;

    (2) has been continuously physically present in the United 
 States for a period of not less than 3 years; and

    (3) subject to subsection
            (c) , is not inadmissible under 
 paragraph

    (1) ,

    (2) ,

    (3) ,

    (6)
            (D) ,

    (6)
        (E) ,

    (6)
        (F) ,

    (6)
        (G) ,

    (8) , 
 or

    (10) of 

section 212

    (a) of the Immigration and Nationality 
 Act (8 U.S.C. 1182

    (a) ).

    (b) Aliens Eligible for Adjustment of Status.--An alien shall be 
eligible for adjustment of status under this section if the alien is an 
individual--

    (1) who--
        (A) is a national of a foreign state (or part 
 thereof) (or in the case of an alien having no 
 nationality, is a person who last habitually resided in 
 such state) with a designation under subsection

    (b) of 
 

section 244 of the Immigration and Nationality Act (8 
 U.S.C. 1254a

    (b) ) on January 1, 2017, who had or was 
 otherwise eligible for temporary protected status on 
 such date notwithstanding subsections
            (c) (1)
        (A)
            (iv) and
            (c) (3)
            (C) of such section; and
        (B) has not engaged in conduct since such date that 
 would render the alien ineligible for temporary 
 protected status under 

section 244
            (c) (2) of the 
 Immigration and Nationality Act (8 U.S.C. 1245a
            (c) (2) ); 
 or

    (2) who was eligible for Deferred Enforced Departure as of 
 January 20, 2021, and has not engaged in conduct since that 
 date that would render the alien ineligible for Deferred 
 Enforced Departure.
            (c) Waiver of Grounds of Inadmissibility.--

    (1) In general.--Except as provided in paragraph

    (2) , with 
 respect to any benefit under this title, and in addition to any 
 waivers that are otherwise available, the Secretary may waive 
 the grounds of inadmissibility under paragraph

    (1) , 
 subparagraphs
        (A) ,
            (C) , and
            (D) of paragraph

    (2) , subparagraphs
            (D) through
        (G) of paragraph

    (6) , or paragraph

    (10)
            (D) of 
 

section 212

    (a) of the Immigration and Nationality Act (8 U.S.C. 
 1182

    (a) ) for humanitarian purposes, for family unity, or 
 because the waiver is otherwise in the public interest.

    (2) Exception.--The Secretary may not waive a ground 
 described in paragraph

    (1) if such inadmissibility is based on 
 a conviction or convictions, and such conviction or convictions 
 would otherwise render the alien ineligible under 

section 244
            (c) (2)
        (B) of the Immigration and Nationality Act (8 U.S.C. 
 1254a
            (c) (2)
        (B) ).
            (d) Application.--

    (1) Fee.--The Secretary shall, subject to an exemption 
 under 

section 303
            (c) , require an alien applying for adjustment 
 of status under this section to pay a reasonable fee that is 
 commensurate with the cost of processing the application, but 
 does not exceed $1,140.

    (2) Background checks.--The Secretary may not grant an 
 alien permanent resident status on a conditional basis under 
 this section until the requirements of 

section 302 are 
 satisfied.

    (3) Withdrawal of application.--The Secretary of Homeland 
 Security shall, upon receipt of a request to withdraw an 
 application for adjustment of status under this section, cease 
 processing of the application and close the case. Withdrawal of 
 the application under this subsection shall not prejudice any 
 future application filed by the applicant for any immigration 
 benefit under this title or under the Immigration and 
 Nationality Act (8 U.S.C. 1101 et seq.).

SEC. 203. CLARIFICATION.

 

Section 244

    (f)

    (4) of the Immigration and Nationality Act (8 U.S.C. 
1254a

    (f)

    (4) ) is amended by inserting after ``considered'' the 
following: ``as having been inspected and admitted into the United 
States, and''.

 TITLE III--GENERAL PROVISIONS

SEC. 301. DEFINITIONS.

    (a) In General.--In this Act:

    (1) In general.--Except as otherwise specifically provided, 
 any term used in this Act that is used in the immigration laws 
 shall have the meaning given such term in the immigration laws.

    (2) Appropriate united states district court.--The term 
 ``appropriate United States district court'' means the United 
 States District Court for the District of Columbia or the 
 United States district court with jurisdiction over the alien's 
 principal place of residence.

    (3) Area career and technical education school.--The term 
 ``area career and technical education school'' has the meaning 
 given such term in 

section 3 of the Carl D. Perkins Career and 
 Technical Education Act of 2006 (20 U.S.C. 2302).

    (4) DACA.--The term ``DACA'' means deferred action granted 
 to an alien pursuant to the Deferred Action for Childhood 
 Arrivals policy announced by the Secretary of Homeland Security 
 on June 15, 2012.

    (5) Disability.--The term ``disability'' has the meaning 
 given such term in 

section 3

    (1) of the Americans with 
 Disabilities Act of 1990 (42 U.S.C. 12102

    (1) ).

    (6) Federal poverty line.--The term ``Federal poverty 
 line'' has the meaning given such term in 

section 213A

    (h) of 
 the Immigration and Nationality Act (8 U.S.C. 1183a).

    (7) High school; secondary school.--The terms ``high 
 school'' and ``secondary school'' have the meanings given such 
 terms in 

section 8101 of the Elementary and Secondary Education 
 Act of 1965 (20 U.S.C. 7801).

    (8) Immigration laws.--The term ``immigration laws'' has 
 the meaning given such term in 

section 101

    (a)

    (17) of the 
 Immigration and Nationality Act (8 U.S.C. 1101

    (a)

    (17) ).

    (9) Institution of higher education.--The term 
 ``institution of higher education''--
        (A) except as provided in subparagraph
        (B) , has the 
 meaning given such term in 

section 102 of the Higher 
 Education Act of 1965 (20 U.S.C. 1002); and
        (B) does not include an institution of higher 
 education outside of the United States.

    (10) Recognized postsecondary credential.--The term 
 ``recognized postsecondary credential'' has the meaning given 
 such term in 

section 3 of the Workforce Innovation and 
 Opportunity Act (29 U.S.C. 3102).

    (11) Secretary.--Except as otherwise specifically provided, 
 the term ``Secretary'' means the Secretary of Homeland 
 Security.

    (12) Uniformed services.--The term ``Uniformed Services'' 
 has the meaning given the term ``uniformed services'' in 
 

section 101

    (a) of title 10, United States Code.

    (b) Treatment of Expunged Convictions.--For purposes of adjustment 
of status under this Act, the terms ``convicted'' and ``conviction'', 
as used in this Act and in sections 212 and 244 of the Immigration and 
Nationality Act (8 U.S.C. 1182, 1254a), do not include a judgment that 
has been expunged or set aside, that resulted in a rehabilitative 
disposition, or the equivalent.

SEC. 302. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA; BACKGROUND 
 CHECKS.

    (a) Submission of Biometric and Biographic Data.--The Secretary may 
not grant an alien adjustment of status under this Act, on either a 
conditional or permanent basis, unless the alien submits biometric and 
biographic data, in accordance with procedures established by the 
Secretary. The Secretary shall provide an alternative procedure for 
aliens who are unable to provide such biometric or biographic data 
because of a physical impairment.

    (b) Background Checks.--The Secretary shall use biometric, 
biographic, and other data that the Secretary determines appropriate to 
conduct security and law enforcement background checks and to determine 
whether there is any criminal, national security, or other factor that 
would render the alien ineligible for adjustment of status under this 
Act, on either a conditional or permanent basis. The status of an alien 
may not be adjusted, on either a conditional or permanent basis, unless 
security and law enforcement background checks are completed to the 
satisfaction of the Secretary.

SEC. 303. LIMITATION ON REMOVAL; APPLICATION AND FEE EXEMPTION; AND 
 OTHER CONDITIONS ON ELIGIBLE INDIVIDUALS.

    (a) Limitation on Removal.--An alien who appears to be prima facie 
eligible for relief under this Act shall be given a reasonable 
opportunity to apply for such relief and may not be removed until, 
subject to 

section 306
            (c) (2) , a final decision establishing 
ineligibility for relief is rendered.

    (b) Application.--An alien present in the United States who has 
been ordered removed or has been permitted to depart voluntarily from 
the United States may, notwithstanding such order or permission to 
depart, apply for adjustment of status under this Act. Such alien shall 
not be required to file a separate motion to reopen, reconsider, or 
vacate the order of removal. If the Secretary approves the application, 
the Secretary shall cancel the order of removal. If the Secretary 
renders a final administrative decision to deny the application, the 
order of removal or permission to depart shall be effective and 
enforceable to the same extent as if the application had not been made, 
only after all available administrative and judicial remedies have been 
exhausted.
            (c) Fee Exemption.--An applicant may be exempted from paying an 
application fee required under this Act if the applicant--

    (1) is 18 years of age or younger;

    (2) received total income, during the 12-month period 
 immediately preceding the date on which the applicant files an 
 application under this Act, that is less than 150 percent of 
 the Federal poverty line;

    (3) is in foster care or otherwise lacks any parental or 
 other familial support; or

    (4) cannot care for himself or herself because of a 
 serious, chronic disability.
            (d) Advance Parole.--During the period beginning on the date on 
which an alien applies for adjustment of status under this Act and 
ending on the date on which the Secretary makes a final decision 
regarding such application, the alien shall be eligible to apply for 
advance parole. 

Section 101

    (g) of the Immigration and Nationality Act 
(8 U.S.C. 1101

    (g) ) shall not apply to an alien granted advance parole 
under this Act.

    (e) Employment.--An alien whose removal is stayed pursuant to this 
Act, who may not be placed in removal proceedings pursuant to this Act, 
or who has pending an application under this Act, shall, upon 
application to the Secretary, be granted an employment authorization 
document.

SEC. 304. DETERMINATION OF CONTINUOUS PRESENCE AND RESIDENCE.

    (a) Effect of Notice To Appear.--Any period of continuous physical 
presence or continuous residence in the United States of an alien who 
applies for permanent resident status under this Act (whether on a 
conditional basis or without the conditional basis as provided in 

section 104
            (c) (2) ) shall not terminate when the alien is served a 
notice to appear under 

section 239

    (a) of the Immigration and 
Nationality Act (8 U.S.C. 1229

    (a) ).

    (b) Treatment of Certain Breaks in Presence or Residence.--

    (1) In general.--Except as provided in paragraphs

    (2) and

    (3) , an alien shall be considered to have failed to maintain--
        (A) continuous physical presence in the United 
 States under this Act if the alien has departed from 
 the United States for any period exceeding 90 days or 
 for any periods, in the aggregate, exceeding 180 days; 
 and
        (B) continuous residence in the United States under 
 this Act if the alien has departed from the United 
 States for any period exceeding 180 days, unless the 
 alien establishes to the satisfaction of the Secretary 
 of Homeland Security that the alien did not in fact 
 abandon residence in the United States during such 
 period.

    (2) Extensions for extenuating circumstances.--The 
 Secretary may extend the time periods described in paragraph

    (1) for an alien who demonstrates that the failure to timely 
 return to the United States was due to extenuating 
 circumstances beyond the alien's control, including--
        (A) the serious illness of the alien;
        (B) death or serious illness of a parent, 
 grandparent, sibling, or child of the alien;
            (C) processing delays associated with the 
 application process for a visa or other travel 
 document; or
            (D) restrictions on international travel due to the 
 public health emergency declared by the Secretary of 
 Health and Human Services under 

section 319 of the 
 Public Health Service Act (42 U.S.C. 247d) with respect 
 to COVID-19.

    (3) Travel authorized by the secretary.--Any period of 
 travel outside of the United States by an alien that was 
 authorized by the Secretary may not be counted toward any 
 period of departure from the United States under paragraph

    (1) .
            (c) Waiver of Physical Presence.--With respect to aliens who were 
removed or departed the United States on or after January 20, 2017, and 
who were continuously physically present in the United States for at 
least 4 years prior to such removal or departure, the Secretary may, as 
a matter of discretion, waive the physical presence requirement under 

section 102

    (b)

    (1)
        (A) or 

section 202

    (a)

    (2) for humanitarian purposes, 
for family unity, or because a waiver is otherwise in the public 
interest. The Secretary, in consultation with the Secretary of State, 
shall establish a procedure for such aliens to apply for relief under 

section 102 or 202 from outside the United States if they would have 
been eligible for relief under such section, but for their removal or 
departure.

SEC. 305. EXEMPTION FROM NUMERICAL LIMITATIONS.

 Nothing in this Act or in any other law may be construed to apply a 
numerical limitation on the number of aliens who may be granted 
permanent resident status under this Act (whether on a conditional 
basis, or without the conditional basis as provided in 

section 104
            (c) (2) ).

SEC. 306. AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL REVIEW.

    (a) Administrative Review.--Not later than 30 days after the date 
of the enactment of this Act, the Secretary shall provide to aliens who 
have applied for adjustment of status under this Act a process by which 
an applicant may seek administrative appellate review of a denial of an 
application for adjustment of status, or a revocation of such status.

    (b) Judicial Review.--Except as provided in subsection
            (c) , and 
notwithstanding any other provision of law, an alien may seek judicial 
review of a denial of an application for adjustment of status, or a 
revocation of such status, under this Act in an appropriate United 
States district court.
            (c) Stay of Removal.--

    (1) In general.--Except as provided in paragraph

    (2) , an 
 alien seeking administrative or judicial review under this Act 
 may not be removed from the United States until a final 
 decision is rendered establishing that the alien is ineligible 
 for adjustment of status under this Act.

    (2) Exception.--The Secretary may remove an alien described 
 in paragraph

    (1) pending judicial review if such removal is 
 based on criminal or national security grounds described in 
 this Act. Such removal shall not affect the alien's right to 
 judicial review under this Act. The Secretary shall promptly 
 return a removed alien if a decision to deny an application for 
 adjustment of status under this Act, or to revoke such status, 
 is reversed.

SEC. 307. DOCUMENTATION REQUIREMENTS.

    (a) Documents Establishing Identity.--An alien's application for 
permanent resident status under this Act (whether on a conditional 
basis, or without the conditional basis as provided in 

section 104
            (c) (2) ) may include, as evidence of identity, the following:

    (1) A passport or national identity document from the 
 alien's country of origin that includes the alien's name and 
 the alien's photograph or fingerprint.

    (2) The alien's birth certificate and an identity card that 
 includes the alien's name and photograph.

    (3) A school identification card that includes the alien's 
 name and photograph, and school records showing the alien's 
 name and that the alien is or was enrolled at the school.

    (4) A Uniformed Services identification card issued by the 
 Department of Defense.

    (5) Any immigration or other document issued by the United 
 States Government bearing the alien's name and photograph.

    (6) A State-issued identification card bearing the alien's 
 name and photograph.

    (7) Any other evidence determined to be credible by the 
 Secretary.

    (b) Documents Establishing Entry, Continuous Physical Presence, 
Lack of Abandonment of Residence.--To establish that an alien was 18 
years of age or younger on the date on which the alien entered the 
United States, and has continuously resided in the United States since 
such entry, as required under 

section 102

    (b)

    (1)
        (B) , that an alien has 
been continuously physically present in the United States, as required 
under 

section 102

    (b)

    (1)
        (A) or 202

    (a)

    (2) , or that an alien has not 
abandoned residence in the United States, as required under 

section 104

    (a)

    (1)
        (B) , the alien may submit the following forms of evidence:

    (1) Passport entries, including admission stamps on the 
 alien's passport.

    (2) Any document from the Department of Justice or the 
 Department of Homeland Security noting the alien's date of 
 entry into the United States.

    (3) Records from any educational institution the alien has 
 attended in the United States.

    (4) Employment records of the alien that include the 
 employer's name and contact information, or other records 
 demonstrating earned income.

    (5) Records of service from the Uniformed Services.

    (6) Official records from a religious entity confirming the 
 alien's participation in a religious ceremony.

    (7) A birth certificate for a child who was born in the 
 United States.

    (8) Hospital or medical records showing medical treatment 
 or hospitalization, the name of the medical facility or 
 physician, and the date of the treatment or hospitalization.

    (9) Automobile license receipts or registration.

    (10) Deeds, mortgages, or rental agreement contracts.

    (11) Rent receipts or utility bills bearing the alien's 
 name or the name of an immediate family member of the alien, 
 and the alien's address.

    (12) Tax receipts.

    (13) Insurance policies.

    (14) Remittance records, including copies of money order 
 receipts sent in or out of the country.

    (15) Travel records.

    (16) Dated bank transactions.

    (17) Two or more sworn affidavits from individuals who are 
 not related to the alien who have direct knowledge of the 
 alien's continuous physical presence in the United States, that 
 contain--
        (A) the name, address, and telephone number of the 
 affiant; and
        (B) the nature and duration of the relationship 
 between the affiant and the alien.

    (18) Any other evidence determined to be credible by the 
 Secretary.
            (c) Documents Establishing Admission to an Institution of Higher 
Education.--To establish that an alien has been admitted to an 
institution of higher education, the alien may submit to the Secretary 
a document from the institution of higher education certifying that the 
alien--

    (1) has been admitted to the institution; or

    (2) is currently enrolled in the institution as a student.
            (d) Documents Establishing Receipt of a Degree From an Institution 
of Higher Education.--To establish that an alien has acquired a degree 
from an institution of higher education in the United States, the alien 
may submit to the Secretary a diploma or other document from the 
institution stating that the alien has received such a degree.

    (e) Documents Establishing Receipt of a High School Diploma, 
General Educational Development Credential, or a Recognized 
Equivalent.--To establish that in the United States an alien has earned 
a high school diploma or a commensurate alternative award from a public 
or private high school, has obtained the General Education Development 
credential, or otherwise has satisfied 

section 102

    (b)

    (1)
            (D) 
            (iii) , the 
alien may submit to the Secretary the following:

    (1) A high school diploma, certificate of completion, or 
 other alternate award.

    (2) A high school equivalency diploma or certificate 
 recognized under State law.

    (3) Evidence that the alien passed a State-authorized exam, 
 including the General Education Development test, in the United 
 States.

    (4) Evidence that the alien successfully completed an area 
 career and technical education program, such as a 
 certification, certificate, or similar alternate award.

    (5) Evidence that the alien obtained a recognized 
 postsecondary credential.

    (6) Any other evidence determined to be credible by the 
 Secretary.

    (f) Documents Establishing Enrollment in an Educational Program.--
To establish that an alien is enrolled in any school or education 
program described in 

section 102

    (b)

    (1)
            (D) 
            (iv) or 104

    (a)

    (1)
            (C) , the 
alien may submit school records from the United States school that the 
alien is currently attending that include--

    (1) the name of the school; and

    (2) the alien's name, periods of attendance, and current 
 grade or educational level.

    (g) Documents Establishing Exemption From Application Fees.--To 
establish that an alien is exempt from an application fee under this 
Act, the alien may submit to the Secretary the following relevant 
documents:

    (1) Documents to establish age.--To establish that an alien 
 meets an age requirement, the alien may provide proof of 
 identity, as described in subsection

    (a) , that establishes that 
 the alien is 18 years of age or younger.

    (2) Documents to establish income.--To establish the 
 alien's income, the alien may provide--
        (A) employment records or other records of earned 
 income, including records that have been maintained by 
 the Social Security Administration, the Internal 
 Revenue Service, or any other Federal, State, or local 
 government agency;
        (B) bank records; or
            (C) at least two sworn affidavits from individuals 
 who are not related to the alien and who have direct 
 knowledge of the alien's work and income that contain--
            (i) the name, address, and telephone number 
 of the affiant; and
            (ii) the nature and duration of the 
 relationship between the affiant and the alien.

    (3) Documents to establish foster care, lack of familial 
 support, or serious, chronic disability.--To establish that the 
 alien is in foster care, lacks parental or familial support, or 
 has a serious, chronic disability, the alien may provide at 
 least two sworn affidavits from individuals who are not related 
 to the alien and who have direct knowledge of the circumstances 
 that contain--
        (A) a statement that the alien is in foster care, 
 otherwise lacks any parental or other familiar support, 
 or has a serious, chronic disability, as appropriate;
        (B) the name, address, and telephone number of the 
 affiant; and
            (C) the nature and duration of the relationship 
 between the affiant and the alien.

    (h) Documents Establishing Qualification for Hardship Exemption.--
To establish that an alien satisfies one of the criteria for the 
hardship exemption set forth in 

section 104

    (a)

    (2)
            (C) , the alien may 
submit to the Secretary at least two sworn affidavits from individuals 
who are not related to the alien and who have direct knowledge of the 
circumstances that warrant the exemption, that contain--

    (1) the name, address, and telephone number of the affiant; 
 and

    (2) the nature and duration of the relationship between the 
 affiant and the alien.
            (i) Documents Establishing Service in the Uniformed Services.--To 
establish that an alien has served in the Uniformed Services for at 
least 2 years and, if discharged, received an honorable discharge, the 
alien may submit to the Secretary--

    (1) a Department of Defense form DD-214;

    (2) a National Guard Report of Separation and Record of 
 Service form 22;

    (3) personnel records for such service from the appropriate 
 Uniformed Service; or

    (4) health records from the appropriate Uniformed Service.

    (j) Documents Establishing Earned Income.--

    (1) In general.--An alien may satisfy the earned income 
 requirement under 

section 104

    (a)

    (1)
            (C) 
            (iii) by submitting 
 records that--
        (A) establish compliance with such requirement; and
        (B) have been maintained by the Social Security 
 Administration, the Internal Revenue Service, or any 
 other Federal, State, or local government agency.

    (2) Other documents.--An alien who is unable to submit the 
 records described in paragraph

    (1) may satisfy the earned 
 income requirement by submitting at least two types of reliable 
 documents that provide evidence of employment or other forms of 
 earned income, including--
        (A) bank records;
        (B) business records;
            (C) employer or contractor records;
            (D) records of a labor union, day labor center, or 
 organization that assists workers in employment;
        (E) sworn affidavits from individuals who are not 
 related to the alien and who have direct knowledge of 
 the alien's work, that contain--
            (i) the name, address, and telephone number 
 of the affiant; and
            (ii) the nature and duration of the 
 relationship between the affiant and the alien;
        (F) remittance records; or
        (G) any other evidence determined to be credible by 
 the Secretary.

    (k) Authority To Prohibit Use of Certain Documents.--If the 
Secretary determines, after publication in the Federal Register and an 
opportunity for public comment, that any document or class of documents 
does not reliably establish identity or that permanent resident status 
under this Act (whether on a conditional basis, or without the 
conditional basis as provided in 

section 104
            (c) (2) ) is being obtained 
fraudulently to an unacceptable degree, the Secretary may prohibit or 
restrict the use of such document or class of documents.

SEC. 308. RULEMAKING.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall publish in the Federal 
Register interim final rules implementing this Act, which shall allow 
eligible individuals to immediately apply for relief under this Act. 
Notwithstanding 

section 553 of title 5, United States Code, the 
regulation shall be effective, on an interim basis, immediately upon 
publication, but may be subject to change and revision after public 
notice and opportunity for a period of public comment. The Secretary 
shall finalize such rules not later than 180 days after the date of 
publication.

    (b) Paperwork Reduction Act.--The requirements under chapter 35 of 
title 44, United States Code, (commonly known as the ``Paperwork 
Reduction Act'') shall not apply to any action to implement this Act.

SEC. 309. CONFIDENTIALITY OF INFORMATION.

    (a) In General.--The Secretary may not disclose or use information 
(including information provided during administrative or judicial 
review) provided in applications filed under this Act or in requests 
for DACA for the purpose of immigration enforcement.

    (b) Referrals Prohibited.--The Secretary, based solely on 
information provided in an application for adjustment of status under 
this Act (including information provided during administrative or 
judicial review) or an application for DACA, may not refer an applicant 
to U.S. Immigration and Customs Enforcement, U.S. Customs and Border 
Protection, or any designee of either such entity.
            (c) Limited Exception.--Notwithstanding subsections

    (a) and

    (b) , 
information provided in an application for adjustment of status under 
this Act may be shared with Federal security and law enforcement 
agencies--

    (1) for assistance in the consideration of an application 
 for adjustment of status under this Act;

    (2) to identify or prevent fraudulent claims;

    (3) for national security purposes; or

    (4) for the investigation or prosecution of any felony 
 offense not related to immigration status.
            (d) Penalty.--Any person who knowingly uses, publishes, or permits 
information to be examined in violation of this section shall be fined 
not more than $10,000.

SEC. 310. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.

    (a) Establishment.--The Secretary shall establish, within U.S. 
Citizenship and Immigration Services, a program to award grants, on a 
competitive basis, to eligible nonprofit organizations that will use 
the funding to assist eligible applicants under this Act by providing 
them with the services described in subsection

    (b) .

    (b) Use of Funds.--Grant funds awarded under this section shall be 
used for the design and implementation of programs that provide--

    (1) information to the public regarding the eligibility and 
 benefits of permanent resident status under this Act (whether 
 on a conditional basis, or without the conditional basis as 
 provided in 

section 104
            (c) (2) ), particularly to individuals 
 potentially eligible for such status;

    (2) assistance, within the scope of authorized practice of 
 immigration law, to individuals submitting applications for 
 adjustment of status under this Act (whether on a conditional 
 basis, or without the conditional basis as provided in 

section 104
            (c) (2) ), including--
        (A) screening prospective applicants to assess 
 their eligibility for such status;
        (B) completing applications and petitions, 
 including providing assistance in obtaining the 
 requisite documents and supporting evidence; and
            (C) providing any other assistance that the 
 Secretary or grantee considers useful or necessary to 
 apply for adjustment of status under this Act (whether 
 on a conditional basis, or without the conditional 
 basis as provided in 

section 104
            (c) (2) ); and

    (3) assistance, within the scope of authorized practice of 
 immigration law, and instruction, to individuals--
        (A) on the rights and responsibilities of United 
 States citizenship;
        (B) in civics and English as a second language;
            (C) in preparation for the General Education 
 Development test; and
            (D) in applying for adjustment of status and United 
 States citizenship.
            (c) Authorization of Appropriations.--

    (1) Amounts authorized.--There are authorized to be 
 appropriated such sums as may be necessary for each of the 
 fiscal years 2026 through 2036 to carry out this section.

    (2) Availability.--Any amounts appropriated pursuant to 
 paragraph

    (1) shall remain available until expended.

SEC. 311. PROVISIONS AFFECTING ELIGIBILITY FOR ADJUSTMENT OF STATUS.

 An alien's eligibility to be lawfully admitted for permanent 
residence under this Act (whether on a conditional basis, or without 
the conditional basis as provided in 

section 104
            (c) (2) ) shall not 
preclude the alien from seeking any status under any other provision of 
law for which the alien may otherwise be eligible.

SEC. 312. SUPPLEMENTARY SURCHARGE FOR APPOINTED COUNSEL.

    (a) In General.--Except as provided in 

section 302 and in cases 
where the applicant is exempt from paying a fee under 

section 303
            (c) , 
in any case in which a fee is charged pursuant to this Act, an 
additional surcharge of $25 shall be imposed and collected for the 
purpose of providing appointed counsel to applicants seeking judicial 
review of the Secretary's decision to provisionally deny an application 
under this Act.

    (b) Immigration Counsel Account.--There is established in the 
general fund of the Treasury a separate account which shall be known as 
the ``Immigration Counsel Account''. Fees collected under subsection

    (a) shall be deposited into the Immigration Counsel Account and shall 
remain available until expended for purposes of providing appointed 
counsel as required under this Act.
            (c) Report.--At the end of each 2-year period, beginning with the 
establishment of this account, the Secretary of Homeland Security shall 
submit a report to the Congress concerning the status of the account, 
including any balances therein, and recommend any adjustment in the 
prescribed fee that may be required to ensure that the receipts 
collected from the fee charged for the succeeding two years equal, as 
closely as possible, the cost of providing appointed counsel as 
required under this Act.

SEC. 313. ANNUAL REPORT ON PROVISIONAL DENIAL AUTHORITY.

 Not later than 1 year after the date of the enactment of this Act, 
and annually thereafter, the Secretary of Homeland Security shall 
submit to the Congress a report detailing the number of applicants that 
receive--

    (1) a provisional denial under this Act;

    (2) a final denial under this Act without seeking judicial 
 review;

    (3) a final denial under this Act after seeking judicial 
 review; and

    (4) an approval under this Act after seeking judicial 
 review.
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